The dispute over Cláudio Castro’s choices for the fifth constitutional vote of the TJRJ has opened a new chapter. The José do Patrocínio Institute — the same one that asked the CNJ to cancel the inauguration of judges Fernando Cabral Filho and Carlos Alberto Menezes Direito Filho for non-compliance with the racial quota — filed a request to guarantee oral support in the trial of the case, scheduled to take place in virtual session between December 15 and 18.
So far, the CNJ has only published the link allowing lawyers to send a recording of the pleading, but the entity affirms that the debate goes beyond the bureaucratic aspect and requires that the defense takes place simultaneously, even online.
According to the institute, the case directly touches on the NYC’s own racial equity policy. To reinforce this point, he attached a “new fact” to the request: the recent example of the TJSP, which applied Resolution 516 and swore in a black lawyer under the Fifth Constitutional Law, a practice that, according to the Institute, the TJRJ completely ignored.
In the background, there is still the complaint that the process led by the OAB/RJ did not respect the rules of affirmative action when it passed into the hands of Castro, responsible for choosing the new judges.
The Institute says the opinion included mandatory diversity at all stages, including the policy choice made by the governor.
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